The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Executive Engineer, Basta Electrical Division, Basta, Balasore, O.P No.2 is the S.D.O (Electrical), Sub-Division, Jamsuli, Balasore and O.P No.3 is the Junior Engineer, Baliapal Electrical Section, Baliapal, Balasore.

                    2. Shorn of unnecessary details briefly stated the case of the Complainant is that the Complainant being a consumer under the O.Ps and in order to start an agricultural farm on Khata No.188, Plot No.167 in Mouza- Manik Simulia (paternal property of the Complainant) and for supply of energy for four numbers of proposed L.I points under O.P No.2 and as per agreement dt.18.01.2008 with the O.Ps, 14 poles are installed at the cost of the Complainant   as per instructions of the O.Ps. The required amount is received by the O.P No.1 in the year 2008 as per copy of agreement and as per letter of S.E, Balasore dt.13.02.2008 sanctioning preliminary petition of the Complainant for installation of L.I points connecting Pole No.3 (out of 14), copy of said letter duly served to O.P No.1, the Complainant spent Rs.1,13,490/- (Rupees One Lakh thirteen thousand four hundred ninety) only and a sum of Rs.6,809/- (Rupees Six Thousand eight hundred nine) only on 21.02.2008 for supervision charge. The Complainant deposited Rs.1,088/- (Rupees One Thousand eighty eight) only for security deposit and  Rs.100/- (Rupees One Hundred) only for processing fee on 22.01.2009 for supply of energy power to L.I point of the Complainant. But, the O.Ps did not comply the same and also did not act as per the above said agreement with a malafide intention. The Complainant after obtaining all required documents wanted for execution of agreement to supply the energy line on 09.03 2013, but the O.Ps vide their letter dt.11.04.2013 and 07.02.2014 informed for a fresh agreement, which is beyond provision of Law, but the O.Ps illegally connected energy line to one Gourahari Dey from Pole No.2 and 8, which was installed at the cost of the Complainant. The Complainant has already spent a sum of Rs.1,25,000/- (Rupees One Lakh twenty five thousand) only as per above mentioned agreement  for  the concerned L.I point and the O.Ps demanded  undue money as bribe from the Complainant to connect the energy supply, which the Complainant  informed  to higher Forum of NESCO, resulting two nos. of criminal proceeding had been initiated against  the Complainant vide  Spl. Electric Case No.58/2010 and SP(E) Case No.59/2010 before ADJ, Balasore, thereby the Complainant suffered from mental agony, lost his Social position and economical harassment caused due to deficiency-in-service by the O.Ps. The Complainant has prayed for compensation  towards mental agony, loss of social prestige, neglecting   in electric supply as well as connection of energy supply to L.I point and disconnecting  energy supply of Gourahari Dey.

                    3. Written version filed by the O.Ps through their Advocate, where they have denied on the point of maintainability as well as its cause of action.  Further, Written version filed by the O.Ps through their Advocate disclosing that the Complainant initially applied for issue of permission to supply of 11 K.V line 1 K.M. and 1 no. of 16 KVA S/S for power supply to his proposed 5 HP PLI point over Plot No.160 under Khata No.188 of Mouza-Manik Simulia, accordingly power supply affected on January, 2008 with Consumer No.J-25861. The Complainant again applied for permission for another PLI over Plot No.336 for 16 KVA 3 phase transformer and 0.07 K.M 11 KV line tapped from 4th pole of 11 KV line, which was constructed earlier to provide power supply to his 1st PLI point. Accordingly, the Complainant made agreement with O.P No.1 on 27.01.2009, where valid inspection report was wanting, since the Electrical Inspector made on 28.02.2008, which was invalid for completion of one financial year (F.Y 2007-08), accordingly he was instructed to re-inspect the new line and sub-station for charging of the unit, but he remained silent. So, power supply could not be affected. But, the Complainant forcibly availed power supply to his PLI point without the knowledge of NESCO, which came to the knowledge of O.Ps after Vigilance raid. Thereafter, the Complainant applied to avail power supply for 5HP PLI load extending HT line from the Pole No.5 towards north-end of the HT line constructed earlier for installation over Khata No.71, Plot No.1074/1722, Mouza-Navda of Basta Tehsil. Accordingly, an estimate was sanctioned vide Sanction Order No.100/2008-09 of E.E, BED, Basta, where the Complainant deposited 6% amount on 27.01.2009. The Complainant remained silent and constructed 11 KV line and S/S unauthorisedly/ unlawfully without observing the departmental formalities and availed power supply by connecting the 11 KV line. He has neither obtained permission for construction of line and S/S nor deposited the required security and processing fees. Service co-connection, estimate is not issued from NESCO and also no agreement executed for the purpose, but he forcibly availed power supply depositing 6% amount only. The Complainant was caught raid handed by the NESCO Vigilance team on 06.11.2010, accordingly a F.I.R was lodged by O.P No.3 at Energy Police Station, Balasore and the criminal proceeding is under sub-judiced at the Hon’ble Court of A.D.J-cum-Spl. Judge, Balasore vide Case No.SPL-58(E)/10. The Complainant again applied for LT extension of 0.25 KM from his own existing S/S to his proposed PLI point over Plot No.2529, Khata no.113, Mouza-Madhupura, the estimate was sanctioned vide S.O No.110/08-09 of O.P No.1, but he did not pay 6% amount, so permission was not issued by the O.Ps. Without depositing the required amount in shape of S.D, P.F, S.C, the Complainant forcibly availed P/S in the absence of estimate and agreement, which was again caught raid handed by the Vigilance team on 06.11.2010, accordingly F.I.R. was lodged and one criminal proceeding is under sub-judiced at the Hon’ble court of A.D.J.-cum-Spl. Judge, Balasore vide Case No.SPL-59(E)/10. The earlier execution of agreement was expired after term of 5 years due to want of renewal agreement and re-inspection report. As per Clause-27 of OERC Regulation-2004 as amended up to May, 2011, NESCO has power to supply p/s to any Consumer though the entire cost of the line has been paid by other Consumer, because the NESCO is maintaining that. In this case, the Complainant has failed to obey the norms of NESCO. So, power supply is not affected. 

                    4. In view of the above averments of both the Parties, the points for determination of this case are as follows:-

(i) Whether this Consumer case is maintainable as per Law ?

(ii) Whether there is any cause of action to file this case ?

(iii) To what relief the Complainant is entitled for ?   

                    5. In order to substantiate their claim, both the Parties have filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainant that 14 poles are constructed at the cost of the Complainant on 18.01.2008 and he has paid Rs.1,25,000/- (Rupees One Lakh twenty five thousand) only towards it. Since all his work was not completed, the O.Ps demanded undue money as bribe for energy supply and when he informed to higher Authority of NESCO, being aggrieved by the same, the O.Ps have initiated 2 complaint case against the Complainant vide Spl. Electric Case No.58/2010 and 59/2010 before ADJ, Balasore. So, from the activities of the O.Ps, the Complainant suffered mental agony and economical harassment, which amounts to deficiency-in-service by the O.Ps, for which the Complainant has filed this case in this Forum praying for compensation, connection of energy supply to L.I points and disconnection of energy supply to Gourahari Dey from his L.T pole. On the other hand, the O.Ps have argued that the Complainant has deposited only 6% amount and in another case, he has not paid such 6% amount, for which permission was not issued by the O.Ps for construction of line. Without depositing the required amount, he availed the power supply forcibly in absence of estimate and agreement. The Complainant was caught raid handed by the Vigilance squad of NESCO and proceeding was initiated against him. The earlier execution of agreement was expired after term of 5 years due to non-renewal of agreement and re-inspection report. Further, as per Clause-27 of OERC Regulation-2004, the NESCO has power to supply p/s to any Consumer from the required L.T line though the entire cost was borne by the Consumer.

                    6. So, now on careful consideration of all the materials available in the case record and hearing both the sides, this Forum come to the conclusion that if any case was initiated against the Complainant for forcibly availing of electric power supply, the present case is maintainable when the Complainant is a Consumer as per C.P Act. Further, the O.Ps are directed to supply of power to the LI points of the Complainant after completion of all the formalities as per provision of Law as early as possible and the Complainant is to co-operate accordingly, which will meet the ends of justice in this case. Further, in the peculiar circumstances of the case, there is no cost and no compensation. Hence, Ordered:-

                                                     O R D E R

                         The Consumer case is allowed in part on contest against O.Ps, but in the peculiar circumstances without any cost. The O.Ps are directed to supply of power to the LI points of the Complainant after completion of all the formalities as per provision of Law as early as possible and the Complainant is to co-operate accordingly.

                         Pronounced in the open Forum on this day i.e. the 25th day of September, 2017 given under my Signature & Seal of the Forum.